In Brief
Mohan Kumar, the owner of disputed land in Gwalior, sought removal of encroachments (temples, mosques, latrines) constructed by government bodies and municipal corporation. The Trial Court decreed his suit, recognising his ownership and ordering removal of encroachments and compensation. The High Court dismissed his appeal and the entire suit, finding his ownership unproven because he had not examined his vendor. The Supreme Court held that the High Court erred: where defendants do not challenge the trial court's decree in the appellant's favour, dismissal is improper. The Court remanded the case to the Trial Court, directing it to allow additional evidence, attempt settlement with government bodies first, and redecide the suit on merits.
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